3, 50, 51). Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. Where to file: Secretary of state (Const. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. 100.371). 22-24-402). States may apply a single-subject rule or other restrictions. Vote requirement for passage: Majority (SDCL 2-1-12). Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. Oklahoma: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. Stat. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. 3, 19). Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. General review of petition: None other found. Art. 54 42A, 53; M.G.L.A. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. 7-9-105). For amendments, 10% of total qualified electors of the state. 7-9-404; 406; 407; 408; 409). Verification: Random sample of at least 5 % or at least 4,000 signatures. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Law 6-202). 5, 1). The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers (Const. For constitutional amendments, 10% of votes cast for governor in last election. 2023 by National Conference of State Legislatures, https://www.nvsos.gov/sos/elections/initiatives-referenda/filing-a-referendum, 13 Years of Impact: The Long Reach of Citizens United, With Recent Special Elections, the Tables Are Set for Spring. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. An optional random sampling process must be provided. Study with Quizlet and memorize flashcards containing terms like The Boston Tea Party, Whisky Rebellion, and California's Proposition 13 were all popular rebellions that were related to _____., Eliminating tax increases may result in _____., Democracy in the United States derives its powers from _____. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. XVI, 3(b)). 67-6602, 67-6607). Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. If statute petition is passed by the legislature, then it is subject to the referendum. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). Please note: Text within images is not translated, some features may not work properly after translation, and the translation may not accurately convey the intended meaning. Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. XVII, 1; Art. Art. IV, 1(3)). Year Established: process adopted 1912, but laws specifying mechanics of process not adopted until 1933. Const. Reports are monthly during election years and annually in nonelection years. Art. 3503.06). Const. Art. Who can sign the petition: Registered voters of the state (Const. 6, Gen. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). Art. Const. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). Art. XLVII, Pt. Const. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. The recall allows residents to remove the person in office. Q. Fifty percent in Wyoming (W.S.1977 22-2-117). 293.252). Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. III, 52(a) and 53). The referendum may be obligatory or optional. Who creates petitions: Lieutenant governor (U.C.A. C.R.S.A. Majority to pass: Yes (Ark. 295.015; 293.250). 1-40-111), Nebraska (Neb. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. 168.482; 168.544c). 116.030). 3, 4. 3, 18), Who can sign the petition: Electors (M.R.S.A. St. 32-1414). Simply copying another student's . VI, Subpt. 21). Art. 4, Pt. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. (21-A M.R.S.A. 3, 17). 3501.38; 3519.05). 3, 52(g) and Wyo. Who creates petitions: Secretary of state (Wyo. 23-17-29), Missouri (V.A.M.S. 2, 8), Proponent organization and requirements: Statement of organization and filing fee with secretary of state and local filing officer, arguments for measure (Cal.Gov.Code 84101, 84101.5; Cal.Elec.Code 9065, 9067). A post-election report is due by Jan. 7. And, must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state (M.R.S.A. Art. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. 4, Pt. Art. Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. . Petition title and summary creation: Secretary of state drafts a short and concise statement that fairly represents the proposal; approved by the attorney general (NDCC 16.1-01-09). Every state requires or offers some type of review in addition to fiscal statements. 2, 9). If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. Code 100). And must be filed four months before election. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). 1953, Const. XVI, 4). If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Art. 901 and 1 M.R.S.A. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Art. Who creates petitions: Sponsors (34 OS 1). Circulator requirements: Must just be at least 18 years old (N.R.S. Recall. If a second sampling is needed, an estimated duplication rate will be calculated. No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. Code 18680. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. 5, 1). What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 250.062). Petition title and summary creation: None specified for title, and summary "prepared by the person authorized by law" (M.C.L.A. Vote requirement for passage: Majority (Const. Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. Timeline for taking effect: Thirty days after the election at which it was approved (Const. 48, Init., Pt. Art. 1953 20A-7-204). IV, 1). Stat. These may be accepted or rejected (Neb. Const. 2, Sec. Repeal or change restrictions: Cannot veto, and legislature may not repeal. MS Const. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). III, 3). Art. Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. Art. Public hearings are held in each congressional district (Neb. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. a vote on a measure so submitted. 8). What is a RECALL? Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Art. The next regular or general election occurring subsequent to the 125 days after filing signatures. 14, 10). 168.471; 168.472). Art. First, the county clerks do a simple tally and the secretary of state totals these. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. 169.234; 169.247). 2, 9). Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. 53 7. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. 5, 1). Where to file: Secretary of state (Const. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. 34-1809). Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). VI, Subpt. Allowed to pay another for their signature: Prohibited (ORS 260.558). Const. Repeal or change restrictions: No veto by governor. Art. Art. 22-24-416). 3, 51; V.A.M.S. 106.03). Art. Stat. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. XVI, 4 and Elec. Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. III, 4). Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. Const. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. 19, 2). A referendum is defined as a general vote by a specific electorate over a specific political question. Amend. III, 3 and NDCC 16.1-01-09(2)). Withdrawal process of individual signature: None specified. 1-40-106; 1-40-107; 1-40-108. Art. III, 3). Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Art. 34-1812c, Maine: 21-A M.R.S.A. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. Art. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). Art. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . Colorado. VI, Subpt. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Take a minute to check out all the enhancements! Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. Art. Rev. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. Amend. Petition title and summary creation: Proponents (Neb. Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the house eachthe fifth member is appointed by the four previous members. Art. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. Timeline for taking effect: Within at least 30 days (I.C. Art. A referred measure may be voted upon at a statewide election or at a special election called by the governor. 901 and 1 M.R.S.A. Rev. Reports of contributions and expenditures are due on a quarterly basis. Art. L-04, 2011 WL 1130010 (July 5, 2011). General review of petition: Proponents may alter the measure in small ways after legislature reviews it. Verification: Must be verified at least 100 days before the election. Art. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. VI, Subpt. In most states, this must be done on or before the date the petition is submitted for verification and is done by filing a form with election officials. Const. Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). Art. art. 2, 9; Const. Some plebiscites have gained international attention since the late 1970s, because they dealt with matters of great concern to large groups of people. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. For amendments, 10% of total votes cast for governor. 48, Init., Pt. 2, 9). Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. 1953 20A-7-202; U.C.A. Art. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. Const. 48, Init., Pt. Collected in-person: Yes (C.R.S.A. 2, 24). 24). The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. II, 1c and 1g). Circulator oaths or affidavits: No, but they certify that each signature was in their presence and that they believe each individual is an elector (O.R.S. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. art. Art. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. To share with more than one person, separate addresses with a comma. Referendum, however, is a measure submitted by the government to the people for their approval. 5, 1; A.C.A. 5, 1), and 60 percent of voters in Florida (F.S.A. Art. Art. Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Code 9014. IV, 1). Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). 353, 354). 250.105). IV, 1). Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Select a State with Popular Referenda to Learn More. Const. Rev. 101.161). 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. Law 6-201 and -202, Massachusetts: Const. 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments.
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